UPDATE: Kimbley's criminal trial set for March 18, 2013

UPDATE: TYLER (KYTX) -- The parents of the Smith County toddler who was found dead in the family septic tank were back in court Wednesday to face the 26 criminal child endangerment charges against them. David and Sabrina Kimbley have been in jail since their arrest following an August civil hearing that was meant to determine the future of their five living children.

Assistant District Attorney Cynthia Kent told Judge Jack Skeen Jr. that the state is in the process of coordinating an opportunity for Skeen to inspect records pertaining to the living Kimbley children. Skeen's review would be the next step in attempting to turn some of the children's records over to their parents' criminal defense team. That review will happen privately in Skeen's chambers so as to protect the children's information.

Kent said the state's position is that information about where the children are being housed for the time being should be kept secret from the defense team for the children's security.

10,000 pages of documents have been turned over to the defense as part of the discovery process. Both sides notified the judge that due to that large volume of discovery, they will need at least 90 days to become ready for a potential trial.

Skeen agreed and reset the Kimbleys' criminal trial for Monday, March 18 2013.

The civil case establishing a permanent home for the Kimbley children is on hold until February 14 2013.

SMITH COUNTY (TYLER MORNING TELEGRAPH) - The parents of a missing Smith County 2-year-old boy found dead in a septic tank in August were in court on Wednesday afternoon for a pre-trial hearing on multiple charge of child endangerment. David and Sabrina Kimbley are also under investigation for capital murder, according to court documents.

After an exhaustive search, which used dogs, multiple law enforcement agencies, ALERT Academy members and heat-seeking helicopters, Jacob Kimbley's body was recovered early on Aug. 22 from a septic tank at his residence. He was reported missing on Aug. 21.
The couple's remaining children have been removed and placed in CPS custody from the residence at 20341 Farm-to-Market Road 16 that law enforcement said was one of the most "disgusting homes" they had ever been inside.
"Information led to the discovery of Jacob Kimbley's body from the septic tank," officials said, adding the lid was closed on the tank when the body was found.

Smith County District Attorney Matt Bingham said in August he could not confirm the lid was on or off of the tank.
"Whether the lid was on or off the septic tank is very relevant to the case and is one very important factual piece of evidence," he said. The children are now in Child Protective Services custody.

Officials said the roach infestation was so severe that roaches were falling from the ceiling onto officers as they searched for evidence in the home on a search warrant obtained Wednesday.

According to the court documents, David Kimbley was arrested in 2003 for driving while intoxicated, but no criminal history was found on his wife. The same documents also state that the Kimbleys refused to allow their remaining children to be interviewed by child psychologists.

In addition to the investigation of his parents, the child's grandfather, Leo Harber, was arrested on Aug. 22 for violating probation as a registered sex offender by living next to children at the location.

Bingham said the FBI, Smith County Sheriff's Office, Texas Rangers and Department of Public Safety along with his office and CPS are investigating the case.

The child's body was sent to Southwest Institute of Forensic Sciences in Dallas for an autopsy. The results were inconclusive.

Officials at the scene said the body appeared to have been submerged for quite some time.


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